People v. Wilson CA4/2

I.

INTRODUCTION

The trial court found defendant and appellant Darin Kristopher Wilson ineligible 1 for resentencing pursuant to Penal Code section 1172.75 because the sentencing

enhancements imposed for his having suffered three prior prison terms (§ 667.5, subd.

(b)) were imposed and stayed during his initial sentencing proceedings.

On appeal, defendant contends he is entitled to a full resentencing hearing

pursuant to section 1172.75, even though his prison priors (§ 667.5, subd. (b)) were

imposed and stayed. We agree that defendant is entitled to sentencing relief under section

1172.75 for his prior prison term enhancements which were imposed and stayed. We

therefore reverse the order and remand for the trial court to recall defendant’s sentence,

vacate his prison prior enhancements, and resentence him under section 1172.75,

subdivision (d).

II.

PROCEDURAL BACKGROUND

On April 12, 2017, a jury convicted defendant of one count of robbery (§ 211). In

a bifurcated proceeding, defendant admitted that he had suffered three prior prison terms

(§ 667.5, subd. (b)), a prior serious felony conviction (§ 667, subd. (a)), and a prior strike

1 Unless otherwise indicated,…